Landlord Woes...

Any break clause in your contract?

Doesn't sound too unreasonable to me - living in the same space as someone else a certain amount of compromise has to made by both parties.
 
When they are entering your room, do they have your permission to do so - either in the tenancy agreement or in advance? I would pretty unhappy about a landlord entering my dwelling at their own accord.
 
Jono8 said:
Is Edinburgh really that expensive?

£700 a month for just a room! That sounds absurd!

Under a year a go i was renting a lovely 1 bedroom flat, in a gated development with it's own grounds, in an expensive, rural part of Surrey for £800 a month!
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Edinburgh is no where near as expensive as that. A couple of years ago I was renting an en suite room with access to a shared kitchen in a great area of Edinburgh with all my bills (council tax, Internet etc) for £375. For £700 I suspect you could have a nice 1 bedroom flat. Does seem like the OP has been taken advantage by his need to move quickly

A very quick search found this as the most expensive flat for rent in one of the nicest parts of town for £700 a month - 40A Greenhill Gardens, Churchill
http://www.rightmove.co.uk/property-to-rent/property-34173693.html

What did you sign OP?
 
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Wow, £700 for that in Edniburgh? Jesus... I pay £600 for a 2 bedroom just outside of Edinburgh City Centre and its massive!

What exactly does your contract say, and do you know if that deposit was put into the landlord deposit scheme? You may well find that you are protected to get it back from them depending on the circumstances of your early departure
 
If you can get away with just losing the deposit then maybe it's worth just cutting your losses, if you can find somewhere cheaper then you'll probably save that £700 in no time.
 
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sigma said:
If you can get away with just losing the deposit then maybe it's worth just cutting your losses, if you can find somewhere cheaper then you'll probably save that £700 in no time.
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Although it'd leave a sour taste I agree with the above. The situation sounds pretty dreadful for £700 a month.
 
Thanks again for all the responses.

Like I said previously, my need for somewhere to live was very last minute. I tried to negotiate a later start date with my new employer but they were keen to have me in as soon as possible meaning I went for whatever I could get. When I met the landlords (they're a couple) at the time, none of the issues I'm now having were apparent.

With regards to what I signed. It says that it is a 'Assured Shorthold Tenancy Agreement' and it doesn't have any sort of break clause in there. What it does say, is that the landlord will transfer my deposit to a deposit protection scheme. I believe this is the law in Scotland, but resident landlords are exempt. Either way, the contract says he will do that but I've received no correspondence from said scheme nor do they have any record when I have contacted them.


SECURITY DEPOSIT
7a The deposit will be held by [The Deposit Protection Service] for the duration of the Tenancy under the conditions stated in the Security Deposit clause of this Agreement. The Landlord will forward a Tenancy Deposit Scheme Certificate to the Tenant with a tenancy UID code.
7b There is no deposit paid in a three month rental.

7.1 The Security Deposit will be held by a member of the rent deposit scheme for the duration of the Tenancy, with the exception of general wear and tear, in respect of:

7.1.1 Dilapidations, breakages, claims, damages and costs for which the Tenant may be liable under the tenancy or otherwise in connection with the occupation of the Premises so that any balance of the said deposit shall be returned without interest to the Tenant when the amount of any such matters for which the Tenant may be liable has been determined and where the Tenant comprises of more than one person the Landlord (or in the absence of any agreement in writing between the persons comprising the Tenant/s signed by them and delivered to the Landlord) may refund such balance as aforesaid in equal shares to the persons comprising the Tenant.

7.1.2 Any damage to the Property or the Fixtures and Fittings and Effects for which the Tenant may be liable as certified by the Inventory Clerk in the inventory check-in and check-out report.

7.1.3 Any instalment of rent or any other monies payable under this Agreement which may be due but remain unpaid.

7.1.4 Any unpaid charges for water, electricity, gas, telephone, Council Tax incurred during the time the Tenant is in the Property.

7.1.5 Any breach on the part of the Tenant of the Tenant’s obligations under this Agreement.

7.1.6 Any damage caused or cleaning required as a result of any pets occupying the Property either with or without the Landlord’s consent.

7.2 The Tenant will have to pay for and provide proof of a professional clean at the end of the tenancy, if this is not arranged by the tenants then the Landlord maintains the right to deduct the cost of the clean from the Security Deposit.

7.3 The Deposit will be held by a member of the rent deposit scheme and at the end of the Tenancy after all parties are in agreement over deductions for repairs, any remaining Security Deposit will be returned to the Tenant.

7.4 If the Tenant vacates the property at any time without giving the required notice or is in breach of this Agreement, they will forfeit the Security Deposit and it will be transferred to the Landlord.

7.5 The Landlord may at any time deduct from the Security Deposit any unpaid rent or other monies for any loss or expenses incurred or suffered by the Landlord or any sums expended by the Landlord arising out of any of the foregoing matters including legal and other professional fees.

7.6 The Landlord reserves the right to authorise the member of the rent deposit scheme to retain the Security Deposit until the Landlord is satisfied that any charges payable by the Tenant in respect of water, gas, electricity, telephone or council tax for the Property have been paid in full and proof of which is provided by the Tenant of receipted termination accounts to the Landlord.

7.7 In any case where the Landlord has the right to make a deduction from the Security Deposit in respect of more than one claim or deduction then the Landlord shall have the right to make such apportionment in such priority as he shall see fit.

7.8 If the Landlord sells the Property or transfers the reversion immediately expectant upon determination of the Tenancy the Landlord shall pay the amount of the Security Deposit (or the balance thereof) to the purchaser or transferee of the same whereupon the Landlord shall be released from any further claim or liability in respect of the Security Deposit or any part thereof.

7.9 In the absence of any notice of a claim against the Tenant within 21 working days of the termination of the Tenancy, the Landlord will be deemed to have accepted that no further sums are due and the Landlord will forthwith repay all sums outstanding to the Tenant.

7.10 Where a dispute arises in line with claims against the Security Deposit, these disputes will be referred to the Tenancy Deposit Scheme (TDS) service. The disputed amount will be transferred to the TDS pending the outcome of the arbitration between the Landlord and the Tenant. If the amount of monies that the Landlord is entitled to deduct from the Security Deposit under this part exceeds the amount held as the Security Deposit, the Landlord will require the Tenant to pay that additional sum to the Landlord within 14 days of the Tenant receiving that request in writing. Interest will be payable if the outstanding amount is not received by the Landlord within 30 days of the request in writing being made to the Tenant.

7.11 The Security Deposit is held against dilapidations and repairs but may also be accepted as payment towards the final months rent should no damage be noted.
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I believe he the LL has a month to produce a certificate for you after that it's a breach of contract?

Someone will correct me if I'm wrong.
 
Just give him leave of notice and go. If you have a contract, you'll probably find you only need to give him 28 days anyway.

Paying £700 to have your privacy intruded upon, and your lifestyle dictated to is *not* reasonable. It isn't at any price, but you get my point.
 
I can understand the grievences like using appliances in a certain way, not leaving the kitchen stinking, and whilst £700 is a lot of money, I deal with similar things just sharing a house with other people. I don't understand the unplugging the toothbrush thing though, unless they're using the socket for shaving or something? It won't keep using power once it's fully charged... like anything else.

But yeah, just figure out how to get your deposit back and then move.
 
Assured short hold tenancy agreement = 1 months notice. Just give him that and as long as you leave the place in the same state as you got it he cannot keep your deposit for any reason.
 
Also worth noting that your room should have a lock on it and if they want to go in there they need to give you 24 hours notice. (unless its on fire or something)

Edit: Also £700pcm for a room is way too much mate... i have a 2 bed flat all to myself for £500pcm.
 
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wndsr said:
Thanks again for all the responses.

Like I said previously, my need for somewhere to live was very last minute. I tried to negotiate a later start date with my new employer but they were keen to have me in as soon as possible meaning I went for whatever I could get. When I met the landlords (they're a couple) at the time, none of the issues I'm now having were apparent.

With regards to what I signed. It says that it is a 'Assured Shorthold Tenancy Agreement' and it doesn't have any sort of break clause in there. What it does say, is that the landlord will transfer my deposit to a deposit protection scheme. I believe this is the law in Scotland, but resident landlords are exempt. Either way, the contract says he will do that but I've received no correspondence from said scheme nor do they have any record when I have contacted them.
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ADT said:
I believe he the LL has a month to produce a certificate for you after that it's a breach of contract?

Someone will correct me if I'm wrong.
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You're wrong.

I am a live in landlord and have a lodger, in Scotland.

Live in landlords, with lodgers, are not required to put the deposit into the tenancy deposit scheme. Saying that, he's walking a fine line here as if you've signed a contract stating that he WOULD put it in a scheme and he HASN'T then this could be a good enough to break the lease.

Saying that, while you could approach the government to tell that that he's not put your money in the scheme I have a feeling that once they find out he's exempt they won't care.

Also, annoyingly, if it's the landlords main residence and there are not more than 2 lodgers he won't even have to be registered as a landlord - unless he has other properties.

My advise would be to have a conversation with your landlord and hope he has a rational discussion with you. He's just a human after all so all he'll be looking for is the easiest way forward. If you're not happy and there's bad feeling in the air then who knows, he might want rid of you :)

Start a conversation about looking for your own place now that you've settled in at work and you'd be willing to wait until he found a replacement. Everything you can do to help make it easier for him will likely give you more chance of him accepting it without fuss.
 
RoyMi6 said:
Also, annoyingly, if it's the landlords main residence and there are not more than 2 lodgers he won't even have to be registered as a landlord - unless he has other properties.
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Thanks for this buddy.

He does own a flat right below where we are that he rents out to somebody else. I'm not sure exactly how many properties/tenants you need in order to be classed as a landlord.
 
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